The legislative system of Islam maintains a clear...
The legislative system of Islam maintains a clear distinction between the two categories. For example, Islam has assigned to the just and competent Islamic government broad powers in deciding on matters relating to the preservation of internal security, commercial relations, political relations with foreign countries, questions of defense and mobilization, public health and so on - all of these being matters which cannot be beneficially regulated outside of the framework set by the realities of the day.
These are all changeable matters, relating to the superstructure of society; their nature may change at any time. Islam, therefore, with the vitality and dynamism that characterize it, has not laid down laws for matters subject to change, providing instead general and comprehensive criteria to which to refer.
Such an approach is capable of bringing about a profound transformation in the life of society, enabling it to exploit more fully the resources of nature and to raise the general level of awareness. But the laws of Islam relating to the sphere that derives from principles and characteristics essential to the human being are tied up with his very nature, are fixed and not exposed to the tempest of spatio-temporal change.
For example, the love and affection of a father and mother for their child represents one continuous and permanent manifestation of the essential disposition of the human being, and rights such as those of inheritance which derive from this relationship of love are necessarily eternal. Likewise, the need of the human being to establish a family is a general and universal one, and throughout history his life has always taken on a collective form.
So from the very first day that the saplings of thought and reflecting grew from the human spirit, throughout all the vicissitudes of history and the rise and fall of civilizations, indications are to be found that the human being was always social by nature, in all the different stages of his development, and always had the need to establish a family.
The relevant criteria and ordinances must therefore be of permanent validity, for the human being's tendencies today are intermingled with the past in the depths of his essence. The existential fabric of the human being, his distinctive inward nature, will never undergo a substantial or fundamental change; nothing will prevent it from continuing on its appointed and unchanging path.